The solemnisation and registration of civil marriages, customary marriages and civil unions are managed by the Department of Home Affairs. Civil marriages are governed by the Marriage Act and regulations issued in terms of the Act. South Africa also recognizes customary marriages through the Recognition of Customary Marriages Act, which became effective in November 2000. Civil unions are recognised in terms of the Civil Union Act (2006).
Let us have a look at Civil Marriages
Ø If you are planning on getting married, you must:
ensure that you are legally allowed to marry;
understand the legal consequences of a marriage, particularly, that marriages in South Africa are automatically in community of property, unless a valid ante-nuptial contract, has been entered into before the marriage, and
make sure that your marriage will comply with all the legal requirements for a valid marriage.
Documents required to enter into a marriage
Ø On or before the day of the marriage a couple must present the following documents to the person officiating at the wedding:
Identity documents (for each person getting married);
If a foreign national is marrying a South African citizen, they should both present their valid passports, as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment);
If a minor (a person under the age of 18 years), is one of the parties getting married, a written consent of both parents/ legal guardian or the Commissioner of Child Welfare or a judge, should be submitted on Form DHA-32 as well. If the minors getting married are under the ages of 18 for boys or under the age of 15 for girls, the written consent from the Minister of Home Affairs will also be required;
If any of the persons getting married are divorced, then the final decree of divorce should be furnished;
If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted.
Conducting a marriage
Only marriage officers, authorised in terms of Act No. 25 of 1961 to perform marriages, may do so. Presently civil marriages are solemnised at the offices of the Department of Home Affairs or at churches, or other venues.
Ø A marriage must be conducted in the presence of at least two witnesses, in:
a church or another building used for religious services; or
in a public office or private house, with open doors; or
in the case of serious illness or injuries, the marriage may take place in a hospital or any concerned facility.
Should you be unsure of any of these, legal advice should be sought before the marriage is entered into.
Comentários